81 FR 36262 - Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty New Shipper Review; 2014-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 108 (June 6, 2016)
International Trade Administration
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36262-36263 | |
| FR Document | 2016-13204 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Notices] [Pages 36262-36263] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13204] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-017] Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Initiation of Countervailing Duty New Shipper Review; 2014-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On February 25, 2016, the Department received a timely request for a new shipper review (NSR) from Shandong Xinghongyuan Tire Co., Ltd. (SXT), in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c). The Department of Commerce (the Department) has determined that the request for a NSR of the countervailing duty order on certain passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) is December 1, 2014, through January 31, 2016. DATES: Effective Date: June 6, 2016. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3148. SUPPLEMENTARY INFORMATION: Background The Department published the countervailing duty order on passenger tires from the PRC in the Federal Register on August 10, 2015.\1\ On February 25, 2016, pursuant to section [[Page 36263]] 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.214(b) and (c), the Department received a timely request for a NSR from SXT. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), SXT certified that it is the exporter and producer of the passenger tires for which the request for a NSR is based, and certified that it did not export passenger tires to the United States during the period of investigation (POI).\2\ Moreover, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), SXT certified that, since the investigation was initiated, it never has been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI, including those not individually examined during the investigation.\3\ Further, as required by 19 CFR 351.214(b)(2)(v), it certified that it informed the government of the PRC that the government will be required to provide a full response to the Department's questionnaires.\4\ --------------------------------------------------------------------------- \1\ See Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 47902 (August 10, 2015). \2\ See SXT's request for a NSR dated February 25, 2016, at Exhibit 2. \3\ Id. \4\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), SXT submitted documentation establishing the following: (1) The date of its first sale to an unaffiliated customer in the United States; (2) the date on which the passenger tires were first entered for consumption; (3) the volume of that shipment.\5\ --------------------------------------------------------------------------- \5\ Id. at Exhibit 1. --------------------------------------------------------------------------- The Department queried the database of U.S. Customs and Border Protection (CBP) in an attempt to confirm that the shipment reported by SXT had entered the United States for consumption and that liquidation had been suspended as subject to the countervailing duty order. The information which the Department examined was consistent with that provided by SXT in its request.\6\ In particular, the CBP data confirmed the price and quantity reported by SXT for the sale that forms the basis for this NSR request. --------------------------------------------------------------------------- \6\ See Memorandum to the File from Spencer Toubia, ``New Shipper Review of the Countervailing Duty Order on Passenger Vehicle and Light Truck Tires from the People's Republic of China: Customs Entries from January 1, 2013,'' dated March 31, 2016. --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(c), an exporter or producer may request a NSR within one year of the date on which its subject merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states that if the request for the review is made during the six-month period ending with the end of the semiannual anniversary month, the Department will initiate a NSR in the calendar month immediately following the semiannual anniversary month. Further, 19 CFR 351.214(g)(2) and 19 CFR 351.213(e)(2)(ii) state that the first review period after an order normally will cover entries or exports from the date of suspension of liquidation to the end of the most recently completed calendar year. However, since SXT's shipment entered the United States after the end of 2015, and because SXT has requested a concurrent NSR of the antidumping duty order covering the same shipment, we are expanding the POR by one month.\7\ Therefore, the POR is December 1, 2014, through January 31, 2016.\8\ --------------------------------------------------------------------------- \7\ See Raw Flexible Magnets From the People's Republic of China: Initiation of Countervailing Duty New Shipper Review, 75 FR 22741 (April 30, 2010) (expanding the POR for a NSR of a CVD order); see also Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27320 (May 19, 1997) (The Department's regulations ``provide the Department with sufficient flexibility to resolve any problems that may arise {when the requestor's first shipment occurs after the calendar year in question{time} by modifying the standard review period.''). \8\ See 19 CFR 351.214(g)(1)(i)(B). --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that SXT's request meets the threshold requirements for initiation of a NSR and, therefore, is initiating a NSR of SXT. If the information supplied by STX is found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review for STX or apply facts available pursuant to section 776 of the Act, depending on the facts on the record. Absent a determination that the new shipper review is extraordinarily complicated, the Department intends to issue the preliminary results within 180 days after the date on which this review is initiated and the final results within 90 days after the date on which we issue the preliminary results.\9\ --------------------------------------------------------------------------- \9\ See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). --------------------------------------------------------------------------- On February 24, 2016, the President signed into law the ``Trade Facilitation and Trade Enforcement Act of 2015,'' H.R. 644, which made several amendments to section 751(a)(2)(B) of the Act. We will conduct this new shipper review in accordance with section 751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade Enforcement Act of 2015.\10\ --------------------------------------------------------------------------- \10\ The Trade Facilitation and Trade Enforcement Act of 2015 removed from section 751(a)(2)(B) of the Act the provision directing the Department to instruct CBP to allow an importer the option of posting a bond or security in lieu of a cash deposit during the pendency of a new shipper review. --------------------------------------------------------------------------- Interested parties requiring access to proprietary information in this proceeding should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: May 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-13204 Filed 6-3-16; 8:45 am] BILLING CODE 3510-DS-P
![36262 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
and Compliance, International Trade upheld our AR3 Remand Notification to Interested Parties
Administration, U.S. Department of Redetermination in its entirety.8 This notice is issued and published in
Commerce, 1401 Constitution Avenue accordance with sections 516A(e)(1),
Timken Notice
NW., Washington, DC 20230; telephone 751(a)(1), and 777(i)(1) of the Act.
(202) 482–5760 or (202) 482–1690, In its decision in Timken, as clarified Dated: May 31, 2016.
respectively. by Diamond Sawblades, the CAFC held Paul Piquado,
that, pursuant to section 516A(e) of the
SUPPLEMENTARY INFORMATION: Assistant Secretary for Enforcement and
Tariff Act of 1930, as amended (the Act), Compliance.
Background the Department must publish a notice of
[FR Doc. 2016–13279 Filed 6–3–16; 8:45 am]
a court decision that is not ‘‘in
On June 24, 2014, the Department harmony’’ with a Department BILLING CODE 3510–DS–P
published the AR3 Final Results, in determination and must suspend
which we assigned the PRC-wide rate of liquidation of entries pending a
164.09 percent to companies including DEPARTMENT OF COMMERCE
‘‘conclusive’’ court decision. The
the ATM Single Entity that comprise the Court’s final judgment affirming the International Trade Administration
PRC-wide entity.4 The ATM Single AR3 Remand Redetermination
Entity challenged our decision to treat it constitutes the Court’s final decision [C–570–017]
as part of the PRC-wide entity and which is not in harmony with the AR3
assign the PRC-wide rate to it. On Certain Passenger Vehicle and Light
Final Results. This notice is published
November 9, 2015, the Court remanded Truck Tires From the People’s
in fulfillment of the publication
the AR3 Final Results to the Department Republic of China: Initiation of
requirements of Timken. Accordingly,
to reconsider the PRC-wide rate in light Countervailing Duty New Shipper
the Department will continue the
of the remand redeterminations for the Review; 2014–2016
suspension of liquidation of the subject
two previous reviews that the merchandise pending a final and AGENCY: Enforcement and Compliance,
Department issued after the publication conclusive court decision. International Trade Administration,
of the AR3 Final Results.5 In these two Department of Commerce.
remand redeterminations, the Amended Final Results of Review SUMMARY: On February 25, 2016, the
Department found that the ATM Single Because there is now a final court Department received a timely request
Entity was not entitled to a separate rate decision, the Department is amending for a new shipper review (NSR) from
and, therefore, was part of the PRC-wide the AR3 Final Results with respect to Shandong Xinghongyuan Tire Co., Ltd.
entity, and revised the PRC-wide rate the PRC-wide entity, which includes the (SXT), in accordance with section
using the simple average of the margins ATM Single Entity, as follows: 751(a)(2)(B)(i) of the Tariff Act of 1930,
that had been calculated for the ATM as amended (the Act), and 19 CFR
Single Entity in the underlying Weighted- 351.214(c). The Department of
administrative reviews and the petition average Commerce (the Department) has
rate in the less-than-fair-value Exporter dumping determined that the request for a NSR of
investigation, i.e., 164.09 percent.6 On margin the countervailing duty order on certain
(%)
remand for the third administrative passenger vehicle and light truck tires
review, the Department revised the PRC- PRC-Wide Entity (which in- (passenger tires) from the People’s
wide rate consistent with the cludes the ATM Single En- Republic of China (PRC) meets the
immediately preceding administrative tity) .................................... 82.05 statutory and regulatory requirements
review, i.e., the second administrative for initiation. The period of review
review.7 On May 11, 2016, the Court In the event the Court’s ruling is not (POR) is December 1, 2014, through
appealed or, if appealed, upheld by a January 31, 2016.
4 See AR3 Final Results, 79 FR at 35724, n.7. final and conclusive court decision, the DATES: Effective Date: June 6, 2016.
5 See Gang Yan Diamond Products, Inc. v. United Department will instruct the U.S. FOR FURTHER INFORMATION CONTACT:
States, Court No. 14–00148, slip op. 15–127 (Ct. Mark Hoadley, AD/CVD Operations,
Int’l Trade Nov. 9, 2015). Customs and Border Protection to assess
6 See Final Results of Redetermination pursuant antidumping duties on unliquidated Office VII, Enforcement and
to Diamond Sawblades Manufacturers’ Coalition v. entries of subject merchandise based on Compliance, International Trade
United States, Court No. 13–00078, slip op. 14–50 the revised rate the Department Administration, U.S. Department of
(Ct. Int’l Trade Apr. 29, 2014), dated April 10, 2015, Commerce, 14th Street and Constitution
and available at http://enforcement.trade.gov/
determined and listed above.
remands/14-50.pdf, aff’d, Diamond Sawblades
Avenue NW., Washington, DC 20230;
Cash Deposit Requirements telephone: (202) 482–3148.
Manufacturers’ Coalition v. United States, Court
No. 13–00078, slip op. 15–105 (Ct. Int’l Trade Sept. SUPPLEMENTARY INFORMATION:
23, 2015), and Final Remand Redetermination The current cash deposit rate for the
pursuant to Diamond Sawblades Manufacturers PRC-wide entity is 82.05 percent, and Background
Coalition v. United States, Court No. 13–00241, slip thus same as the cash deposit rate
op. 14–112 (Ct. Int’l Trade Sept. 23, 2014), dated The Department published the
established in the AR3 Remand
May 18, 2015, and available at http:// countervailing duty order on passenger
enforcement.trade.gov/remands/14-112.pdf, aff’d, Redetermination.9 Therefore, there is no
tires from the PRC in the Federal
Diamond Sawblades Manufacturers’ Coalition v. need to update the cash deposit rate for
Register on August 10, 2015.1 On
United States, Court No. 13–00241, slip op. 15–116 the PRC-wide entity as a result of these
sradovich on DSK3TPTVN1PROD with NOTICES
(Ct. Int’l Trade Oct. 21, 2015). February 25, 2016, pursuant to section
7 See AR3 Remand Redetermination. See also
amended final results.
Diamond Sawblades and Parts Thereof from the 1 See Certain Passenger Vehicle and Light Truck
8 See Gang Yan Diamond Products, Inc., 2016 Ct.
People’s Republic of China: Notice of Court Tires From the People’s Republic of China:
Decision Not in Harmony With the Final Results of Intl. Trade LEXIS 49. Amended Final Affirmative Antidumping Duty
Review and Amended Final Results of the 9 See Diamond Sawblades and Parts Thereof Determination and Antidumping Duty Order; and
Antidumping Duty Administrative Review, 81 FR From the People’s Republic of China; Final Results Amended Final Affirmative Countervailing Duty
2843 (January 19, 2016), for the revision of the PRC- of Antidumping Duty Administrative Review; 2012– Determination and Countervailing Duty Order, 80
wide rate for the second administrative review. 2013, 80 FR 32344, 32345 (June 8, 2015). FR 47902 (August 10, 2015).
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![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices 36263
751(a)(2)(B)(i) of the Tariff Act of 1930, that if the request for the review is made amended by the Trade Facilitation and
as amended (the ‘‘Act’’), and 19 CFR during the six-month period ending Trade Enforcement Act of 2015.10
351.214(b) and (c), the Department with the end of the semiannual Interested parties requiring access to
received a timely request for a NSR from anniversary month, the Department will proprietary information in this
SXT. Pursuant to section initiate a NSR in the calendar month proceeding should submit applications
751(a)(2)(B)(i)(I) of the Act and 19 CFR immediately following the semiannual for disclosure under administrative
351.214(b)(2)(i), SXT certified that it is anniversary month. Further, 19 CFR protective order in accordance with 19
the exporter and producer of the 351.214(g)(2) and 19 CFR CFR 351.305 and 351.306.
passenger tires for which the request for 351.213(e)(2)(ii) state that the first This initiation and notice are in
a NSR is based, and certified that it did review period after an order normally accordance with section 751(a)(2)(B) of
not export passenger tires to the United will cover entries or exports from the the Act and 19 CFR 351.214 and
States during the period of investigation date of suspension of liquidation to the 351.221(c)(1)(i).
(POI).2 Moreover, pursuant to section end of the most recently completed Dated: May 27, 2016.
751(a)(2)(B)(i)(II) of the Act and 19 CFR calendar year. However, since SXT’s Christian Marsh,
351.214(b)(2)(iii)(A), SXT certified that, shipment entered the United States after
since the investigation was initiated, it Deputy Assistant Secretary for Antidumping
the end of 2015, and because SXT has and Countervailing Duty Operations.
never has been affiliated with any requested a concurrent NSR of the [FR Doc. 2016–13204 Filed 6–3–16; 8:45 am]
exporter or producer who exported the antidumping duty order covering the
subject merchandise to the United BILLING CODE 3510–DS–P
same shipment, we are expanding the
States during the POI, including those POR by one month.7 Therefore, the POR
not individually examined during the is December 1, 2014, through January
investigation.3 Further, as required by DEPARTMENT OF COMMERCE
31, 2016.8
19 CFR 351.214(b)(2)(v), it certified that International Trade Administration
it informed the government of the PRC Initiation of New Shipper Review
that the government will be required to
provide a full response to the Pursuant to section 751(a)(2)(B) of the [A–533–869]
Department’s questionnaires.4 Act and 19 CFR 351.214(b), and the
information on the record, the Certain New Pneumatic Off-the-Road
In addition to the certifications Tires From India: Postponement of
described above, pursuant to 19 CFR Department finds that SXT’s request
meets the threshold requirements for Preliminary Determination of
351.214(b)(2)(iv), SXT submitted Antidumping Duty Investigation
documentation establishing the initiation of a NSR and, therefore, is
following: (1) The date of its first sale to initiating a NSR of SXT. If the AGENCY: Enforcement and Compliance,
an unaffiliated customer in the United information supplied by STX is found to International Trade Administration,
States; (2) the date on which the be incorrect or insufficient during the Department of Commerce.
passenger tires were first entered for course of this proceeding, the DATES: Effective June 6, 2016.
consumption; (3) the volume of that Department may rescind the review for
STX or apply facts available pursuant to FOR FURTHER INFORMATION CONTACT: Lilit
shipment.5
The Department queried the database section 776 of the Act, depending on the Astvatsatrian at (202) 482–6412 or
of U.S. Customs and Border Protection facts on the record. Absent a Trisha Tran at (202) 482–4852; AD/CVD
(CBP) in an attempt to confirm that the determination that the new shipper Operations, Enforcement and
shipment reported by SXT had entered review is extraordinarily complicated, Compliance, International Trade
the United States for consumption and Administration, U.S. Department of
the Department intends to issue the
that liquidation had been suspended as Commerce, 14th Street and Constitution
preliminary results within 180 days
subject to the countervailing duty order. Avenue NW., Washington, DC 20230.
after the date on which this review is
The information which the Department initiated and the final results within 90 SUPPLEMENTARY INFORMATION:
examined was consistent with that days after the date on which we issue Background
provided by SXT in its request.6 In the preliminary results.9
particular, the CBP data confirmed the On February 10, 2016, the Department
On February 24, 2016, the President of Commerce (Department) published a
price and quantity reported by SXT for signed into law the ‘‘Trade Facilitation
the sale that forms the basis for this NSR notice of initiation of an antidumping
and Trade Enforcement Act of 2015,’’ duty investigation on certain new
request.
H.R. 644, which made several pneumatic off-the-road tires (off road
Period of Review amendments to section 751(a)(2)(B) of tires) from India.1 Section 733(b)(1)(A)
Pursuant to 19 CFR 351.214(c), an the Act. We will conduct this new of the Tariff Act of 1930, as amended
exporter or producer may request a NSR shipper review in accordance with (the Act), and 19 CFR 351.205(b)(1) state
within one year of the date on which its section 751(a)(2)(B) of the Act, as the Department will make a preliminary
subject merchandise was first entered. determination no later than 140 days
7 See Raw Flexible Magnets From the People’s
Moreover, 19 CFR 351.214(d)(1) states after the date of the initiation. The
Republic of China: Initiation of Countervailing Duty
New Shipper Review, 75 FR 22741 (April 30, 2010)
current deadline for the preliminary
2 See SXT’s request for a NSR dated February 25,
(expanding the POR for a NSR of a CVD order); see
2016, at Exhibit 2. also Antidumping Duties; Countervailing Duties; 10 The Trade Facilitation and Trade Enforcement
sradovich on DSK3TPTVN1PROD with NOTICES
3 Id.
Final Rule, 62 FR 27296, 27320 (May 19, 1997) (The Act of 2015 removed from section 751(a)(2)(B) of
4 Id. Department’s regulations ‘‘provide the Department the Act the provision directing the Department to
5 Id. at Exhibit 1. with sufficient flexibility to resolve any problems instruct CBP to allow an importer the option of
6 See Memorandum to the File from Spencer that may arise {when the requestor’s first shipment posting a bond or security in lieu of a cash deposit
Toubia, ‘‘New Shipper Review of the occurs after the calendar year in question} by during the pendency of a new shipper review.
Countervailing Duty Order on Passenger Vehicle modifying the standard review period.’’). 1 See Certain New Pneumatic Off-the-Road Tires
8 See 19 CFR 351.214(g)(1)(i)(B).
and Light Truck Tires from the People’s Republic from India and the People’s Republic of China:
of China: Customs Entries from January 1, 2013,’’ 9 See section 751(a)(2)(B)(iv) of the Act and 19 Initiation of Less-Than-Fair Value Investigations, 81
dated March 31, 2016. CFR 351.214(i). FR 7073 (February 10, 2016).
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Document Created: 2016-06-04 00:17:01
Document Modified: 2016-06-04 00:17:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3148. | |
| FR Citation | 81 FR 36262 |
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